header-logo header-logo

25 February 2022
Issue: 7968 / Categories: Features , Aviation
printer mail-detail

Airline strikes: extraordinary circumstances?

73190
Lee Finch & Ann-Marie O’Neil examine the high threshold for determining which events are outside an airline’s control
  • Industrial action by an airline carrier’s employees touching on their conditions of employment did not amount to an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
  • Where flights are cancelled as the result of such strikes, carriers are liable to pay compensation to the affected passengers.
  • Involved consideration of CJEU decisions which had been issued after the end of the implementation period.

Ryanair recognised unions for the first time in December 2017. Subsequently, unions in multiple jurisdictions commenced negotiations with Ryanair. The Irish union, Fórsa, made 11 demands in relation to the seniority structure among Irish pilots. Ryanair argued that these demands could not be satisfied as they would compromise its business model and ability to operate as a low-cost airline. As a result of the failed negotiations, pilots and cabin crew employed by Ryanair went on strike in July, August and September 2018.

The strike caused the cancellation of multiple

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll